§ 41-12. Sales or mortgages of contingent remainders validated.
§41‑12. Sales or mortgages of contingent remainders validated.
In all cases where propertyhas been conveyed by deed, or devised by will, upon contingent remainder,executory devise, or other limitations, where a judgment of a superior courthas been rendered authorizing the sale or mortgaging, including execution ofdeeds of trust, of such property discharged of such contingent remainder,executory devise, or other limitations in actions or special proceedings whereall persons in being who would have taken such property if the contingency hadthen happened were parties, such judgment shall be valid and binding upon theparties thereto and upon all other persons not then in being or whose estateshad not been vested: Provided, that nothing herein contained shall be construedto impair or destroy any vested right or estate. (1905, c. 93; Rev., s. 1591;C.S., s. 1745; 1923, c. 64; 1935, c. 36.)